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Asking for 3rd medical opinion gets a lawsuit in reply

Brock Services, a Houston maintenance company, faces an EEOC lawsuit after it terminated a scaffolding team leader due to his impaired vision.

Court: 5 weeks off could be reasonable accommodation

Not every disabled employee can return to work as soon as he’s used up all available leave. Firing him before even considering extra time off as a reasonable accommodation could trigger a failure-to-accommodate lawsuit.

Study: Age, obesity trigger rise in disability claims

A study of 10 years’ worth of claims data by the Unum insurance group shows an alarming jump in the number of disability claims related to joint disorders and other musculoskeletal problems

2nd Circuit just made it harder for disabled employees to sue

In a surprise win for New York employers trying to manage disabled workers, it just became a bit more difficult for plaintiffs in the 2nd Circuit to win disability discrimination claims brought under the ADA.

Back pain common, but not always a disability

Back pain is the most commonly cited cause of work-related disability. But is back pain always an ADA-qualifying disability?

Take extra care when firing after ADA, FMLA

Firing an employee who is returning from ADA or FMLA leave is a risky proposition. Make absolutely sure you can justify the termination with legitimate business reasons that have nothing to do with missing work, taking leave or requesting accommodations.

Tyler docs violated ADA by quizzing staff about health

The physicians who own Pulmonary Specialists of Tyler and Sleep Health must have missed the part of their training addressing that most medical of employment laws: the ADA.

100%-healed policy = $950,000 settlement

Do you have a policy requiring injured workers to be 100% healed before they can return to work? Do you automatically terminate workers who try to come back with medical restrictions or who say they need more time off? Then get ready to write a big check.

Ignoring interactive process pops Party City’s balloons

When a team leader at a Party City store in Texas suffered pregnancy complications, her doctor imposed a lifting restriction. But rather than discuss possible workplace accommodations, the store fired her.

Disabled or not, you’re justified to call regular attendance an essential job function

Disabled employees are entitled to reasonable accommodations for their disabilities if those accommodations allow them to perform the essential functions of their jobs. But smart employers make it clear that, generally speaking, regular attendance is both expected and essential to the job.